England's Diurnal, OR PASSAGES OF STATE, Executed by (and against) the known Law of the Land. With certain Queries, wherefore, and by what Law, so many things have been done contrary to the known Law of the Land.  
Printed in the year, of England's fear, Being the first of Reformation or Desolation.   

England's Diurnal, OR Passages of State, executed by, & against the known Law of the Land.  
THe first matter of consequence which claims precose●cie in this discourse, is his Majesty's departure from his Court of Whitehall, which indeed was the first and principal beginning of these ensuing and since succeeding miseries, this was the root from whence hath sprung all these following mischiefs; for the Papists and other evil affected persons by this means gained time and opportunity to work their pernitions and wicked ends, both to the ruin of his Royal Majesty, and the whole Kingdom, labouring to destroy both the Religion and Laws of the Land, as by the sequel may appear.  
1. By the powerful working of these evil affected persons, the Queen was sent into Holland, and the Jewels of the Crown pawned and made away to porch●se Arms to be employed for the destruction of the same Crown, for take away Religion and Law, the supporters of the Crown, and consequently the Crown must fall, and lose its lustre, take away the purity of Religion, and the Justice of the Law, and then consequently Athesme and Tyranny must be the grand supporters, than this hath been the practice of these men is apparent, as followeth.  
Those men that shall and do labour to destroy the Religion of a Land, which is grounded upon saving Faith, and warranted by Holy writ, and endeavour to introduce and bring in a Religion neither grounded upon Faith, nor warranted by scripture, do as much as in them lies to destroy the Preachers and Preaching of the Gospel on Earth, and in so doing doth absolutely deny the power of God in heaven, and to deny God and his power, who is it one Athesme, the Papists have endea vou●ed this it is apparent, and thence I conclude that their endea vouring the destruction of Religion hath declared their intention to introduce Popery, which is in some points absolute Athesme.  
2. Those men which shall by their practices endeavour to subvert the Laws of a Land, or to hinder the due execution of the Laws against those that by delinquency have made breach thereof, do as much as in them lies to destroy the Laws, for take away the power of the Law it must needs be of no effect, when the Subject (groaning under the pressure of Arbitrary and Tyrannical oppressions) shall repair to the Laws (which should be the protectron of the Subject) and shall expect Justice from the Law, and that Law which was at first ordained for the same end, shall be employed against itself, and in stead of Justice, the Subject so complaining shall most unlawfully and most unjustly be censured, (contrary to Law) according to the disposition of those Law-breakers, is not this absolute Tyranny, is not this to destroy the Laws of the Land.  
That this is apparent, and hath been frequently done in the Starchamber, High-Commission, and indeed in most Courts of the Kingdom, where the Purse paid for Judgement, & Justice was sold by the ounce, witness Master Hambdens' Case of Ship-money, the Laws were abused, the subject groaning under an almost Arbitrary Government, Taxes upon Taxes following one in the neck of another, Levies must be made through the Kingdom for the maintenance of a superfluous Army, in the defence of an eclesiastical Fancy, against the Kingdom of Scotland, these and innumerable more encumbrances and grievances caused him to complain, for which (in stead of redress, which the Law if not abused, had afforded him) he was tossed too and fro, from one Court to another, Fine upon Fine, Judgement upon Judgement, his Estate confiscate, and his person imprisoned, now let the world be judge whether this were not absolute Tyranny.  
Having as they conceived brought their business to fair growth and finding that there might be danger in their staying near or about London, the Parliament having discovered their hypocrisy, and begun to imprison some of the chief of their Ringleaders, therefore they persuaded his Majesty to make his refid●nce in York a proe remote, where they likewise projected the vay sing of this Army for the abetting and maintaining of their Athestieall Assertions, which was done under the Notion of standing for the defence of his Majesty's Prerogative and the known Laws of the land, with the Liberty of the Subject now let us examine what hath been done by them either agreeable to the known Law of the land or conducible to the benefit, Liberty, or property of the subject.  
1. By what known Law was there Commissions of Array sent out into every County of this Kingdom to ray see Arms, there being no Foreign Invasion, nor fear of any, but of their own Complices and Allies which they invited and sent for.  
2. By what known Law were several Members of both Houses sent for to York, and discharged their attendance, contrary to their Oaths taken at their Elections, before the respective Counties, for and by whom they were chosen.  
3. By what known Law were persons entertained and employed in places of Command in the Army, (called by the name of the King's Army) which are known Traytors according to the● known Laws of the Land, and protected from the Justice of the known Law, contrary to known Law.  
4. By what known Law have several Persons that have been known Rebels in Ireland, been likewise entertained, and held in great respect.  
5. By what known Law were the Papists of this Kingdom suffered to have Arms, and not only suffered but Arms delivered unto them, and Commissions granted them to raise Papists when it is known that by the known Law of the Land, no Papist convicted should be suffered to have any Arms for himself, muchless to have power to Arm other Papists.  
6. By what known Law have Papists been permitted to attend his Majesty even at his table, and in his Chamber, (Vide E●●dimion Porter, who would go to Church in the morning, and to Mass in the Evening, when by the known Law of the Land no Papist ought too come within ten Miles of the Court, much less into his Majesty's Chamber.  
By what known Law hath so many practices been to dissolve this Parliament, which was established by a known Law made this Parliament, and graciously confirmed by his Majesty in, and to this Parliament.  
As touching their bare pretences of standing for the Liberty of the Subject.  
Was it for the Liberty of the Subject that the Trained Bands were summoned, and disarmed, in several Counties?  
Was it for the Liberty of the Subject, that this Army was raised to plunder and rob the Inhabitants of Cities, Towns, Corporations and Villages?  
Was it for the Liberty of the Subject, that Hull was invaded. Kingston and Brainford plundered, the Inhabitants of Ciciter murdered and destroyed?  
Was it for the Liberty of the Subject that the City of Westchester was surprised, and made a receptackle for Papists, and an Inn to entertain Rebels out of Ireland, who no doubt if they be not prevented will easily be persuaded to assist the adverse party in the pursuance of those Designs which they have now on foot, the promoting of which conduceth so much to the furtherance of their detested Rebellion in Ireland?  
Now if these things have been done by the known Laws of the Land, or for the Liberty of the Subject, Let all men that are not either wilful or ignorant judge.  
But now on the contrary part, let us examine what hath been done by the known Laws, and for the maintenance and prefervation of the Liberty of the Subject, and then we shall easily be resolved in that grand Case of Conscience, whether we have most reason to stand for the King and Parliament, or for the King against the parliament.  
1. For the Militia, the thing that they make the grand occasion of these differences.  
As touching his Majesty's power over the Militia, it is manifest that his Majesty's Lievetenantship was void at the coming together of this Parliament, and being void, it must necessarily follow, that if the coming together of the Parliament made his Majesty's Lievetenantship void, that they then have at the least a negative voice in the disposal thereof, for without doubt, had none his Majesty found that the safety of the Kingdom consisted in the calling of this Parliament, the Parliament had never been called and if they were called to consult and to order those things which did conduce most to the safety of the Kingdom, (and could not be done without them) then consequently the Militia, (in the ordering and disposing of which, consists the only safety of the Kingdom) must necessarily rest at their dispose.  
Object. But it is objected, that though the Parliament have this power in the disposal yet they are not to make use of that power without his Majesty's Assent.  
Ans. 'tis true his Majesty's assent ought to be thereunto, but if his Majesty dissenting, shall neglect that charge committed to him, shall the Parliament therefore make that their precedent, and suffer the Kingdom to lie open to foreign Invasion, and Domestic Innovasion, because his Majesty did not consent to the passing of a Bill for the future establishment of the Militia for the security of the Kingdom, therefore the Parliament must not by an Ordinance (according to the known Law) provide for the present disposal thereof, to the end that the Kingdom may be put into a posture of defence, and be enabled to defend itself against all those that envy the peace of this Kingdom, though by the known Law of the Land, they were called for that purpose.  
The second objection is that the Parliament cannot raise an Army without his Majesty's assent thereunto, when on the contrary I will prove, that by the known Law of the Land the Parliament hath raised this Army, and that by the same known Law, they have power to impose contributions on the Subject to maintain the present war against those that labour to invade the Religion and Laws of the Kingdom.  
It is manifest that every Court of the Kingdom, established by the Laws of the Land and the Authority of Parliament, hath a power by writs to command before them all such persons as shall be for any lawful cause complained of, and indicted in the said Court, and if the persons so commanded, or served with such Writs, shall deny to obey their Writs, by virtue of the said Warrant the respective Officers have power to call to their aid and assistance all such persons as they shall think convenient, to the end that the said Persons so refusing and resisting, may be made to answer the Law in all and every particular which shall be objected against them; Now there is no Court of Justice in this Kingdom but hath had its first original constitution from the Parliaments of England, and it would seem very preposterus, that inferior Courts should have a power imposed upon them by the authority of the Law, and the Judgement of Parliament, and the Parliament itself (which is the superior Court, from whom all other Courts had their beginnings) should be denied that power by writ to command Delinquents before them, (and in case the Persons commanded shall not only refuse, but shallbe protected) to raise sufficient strength to fetch all such persons so refusing, or protected, and it would likewise seem a very preposterous thing, that the Law should give them power to raise an Army for this end, and deny them means to maintain the Army so raised, neither is the raising of the said Army, or the imposing of contributions upon the Subject for the maintenance of the said Army, any way destructive to the Liberty of the Subject, since what is imposed is but a reasonable contribution for the maintenance of that Army which is employed against those that labour to destroy it, and the known Law of the Land, as I have formerly proved, and therefore it is a vain and foolish resolution which some men have taken up, pretending that they will not take up Arms against the King, nor assist the Parliament against the King, never remembering the difference between his person and his Office; thus ending the last Years Diurnal, I leave you to this Years recantation, and rest,  
Your Friend if you please▪ if not I care not. I. H.  
FINIS.